The UK Patent Office has issued guidance in respect of new rules
that will introduce moral rights for performers, with the result
that, from February, artists who use samples from other songs or
music in their own performance must credit those responsible for
the sample.
The rules create two new rights for performers, who are defined
as those giving a live public performance, a performance that is
broadcast live, or a performance of which a sound recording is made
and thereafter made available to the public.
These rights are:
- the right to be identified as the performer in a performance,
although the performer must first assert the right, in writing,
before he can rely on it, and
- the right to object if changes to the performance prejudice the
performer’s reputation.
These rights, like copyright in sound recordings and broadcasts,
will be protected for 50 years after the performance or the year of
publication of the performance.
The new rules are due to be laid before Parliament shortly, and
are intended to bring the UK into line with provisions of the 1996
WIPO (World Intellectual Property Organisation) Performances and
Phonograms Treaty.
The rules will amend the Copyright, Designs and Patents Act
1988, and will be similar to the existing moral rights currently
enjoyed by authors. They will come into effect on 1st February
2006, and will not be retrospective.
